Sullivan v. Department of Health and Social Services

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WALTER E. SULLIVAN, § § Appellant/Claimant § Below, Appellant, § No. 464, 2000 § v. § Court Below: Superior Court § of the State of Delaware in and DEPARTMENT OF HEALTH § for New Castle County and SOCIAL SERVICES, § C.A. No. 00A-02-009 § Appellee/Employer § Below, Appellee. § Submitted: March 27, 2001 Decided: March 28, 2001 Before WALSH, HOLLAND, and BERGER, Justices. ORDER This 28th day of March 2001, upon consideration of the briefs of the parties, we conclude that this appeal should be affirmed on the basis of, and for the reasons set forth in, the decision of the Superior Court dated August 22, 2000. We further conclude that there is no merit to appellant s contention that the Superior Court lacked jurisdiction to consider this matter under Superior Court Civil Rule 72.1 The revision of that rule was accomplished by court rule, not by statute, and became effective after May 26, 2000, the date of submission in the Superior Court. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice

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